PART
VI.
GENERAL
PERSONNEL POLICIES
VII. Other Personnel Policies
A. Substance
Abuse Policy (Formerly Appendix T)
Accordingly, the
·
prevent substance abuse through a strong educational effort;
·
encourage and facilitate the use of counseling services and rehabilitation
programs by those members of the academic community who require their
assistance in stopping substance abuse; and
·
discipline appropriately those members of the academic community who
engage in illegal drug or alcohol related behaviors.
1. Educational Efforts to Prevent Substance Abuse
In keeping with its primary mission of education,
illegal drug or alcohol use; the incompatibility of
substance abuse with the maximum achievement of educational, career, and other
personal goals; and the potential legal consequences of involvement with
illegal drugs or alcohol.
2. Counseling and Rehabilitation Services to Prevent Substance Abuse
Those faculty, staff, or students who seek
assistance with a substance abuse related problem shall be provided with
information about drug counseling and rehabilitation services available through
3. Disciplinary
Actions to Prevent Substance Abuse
Students, faculty members, administrators, and other
employees are responsible, as citizens, for knowing about and complying with
the provisions of North Carolina law that make it a crime to possess, sell,
deliver, or manufacture those drugs designated collectively as "controlled
substances" in Article 5 of Chapter 90 of the North Carolina General
Statutes. Any member of the university
community who violates that law is subject both to prosecution and punishment
by the civil authorities and to disciplinary proceedings by the university.
It is expected that
A person whose conduct is outside these parameters
will be subject to the judicial rules and procedures of the university.
It is not "double jeopardy" for both the
civil authorities and the university to proceed against and punish a person for
the same specified conduct. The
university will initiate its own disciplinary proceedings against a student,
faculty member, administrator, or other employee when the alleged conduct is
deemed to affect the interests of the university.
Penalties will be imposed by the university in
accordance with procedural safeguards applicable to disciplinary actions
against students, faculty members, administrators, and other employees, as
required by Appendix D, Tenure and
Promotion Policies and Procedures of ECU, by board of governors' policies
applicable to the employees exempt from the State Personnel Act, by the
The penalties to be imposed by the university may
range from written warnings with probationary status to expulsions from
enrollment and discharges from employment. [1]However, the following
minimum penalties shall be imposed for the particular offenses described.
a. Trafficking
in Illegal Drugs
(1) For the illegal manufacture, sale or delivery, or possession with
intent to manufacture, sell or deliver, of any controlled substance identified
in Schedule I, NC General Statutes 90‑89, or Schedule II, NC General
Statutes 90‑90 (including, but not limited to, heroin, mescaline,
lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone), any
student shall be expelled and any faculty member, administrator, or other
employee shall be discharged.
(2) For a first offense
involving the illegal manufacture, sale or delivery, or possession with intent
to manufacture, sell or deliver, of any controlled substance identified in Schedules
III through VI, NC General Statutes 90‑91 through 90‑94, (including
but not limited to, marijuana, pentobarbital, codeine) the minimum penalty
shall be suspension from enrollment or from employment for a period of at least
one semester or its equivalent. For a
second offense, any student shall be expelled and any faculty member,
administrator, or other employee shall be discharged.
b. Illegal Possession of Drugs
(1) For a first offense involving the illegal possession of any
controlled substance identified in Schedule I, NC General Statutes 90‑89,
or Schedule II, NC General Statutes 90‑90, the minimum penalty shall be
suspension from enrollment or from employment for a period of at least one
semester or its equivalent.
(2) For a first offense involving the illegal possession of any
controlled substance identified in Schedules III through VI, NC General
Statutes 90‑91 through 90‑94, the minimum penalty shall be
probation, for a period to be determined on a case‑by‑case
basis. A person on probation must agree
to participate in a drug education and counseling program, consent to regular
drug testing, and accept such other conditions and restrictions, including a
program of community service, as the chancellor or the chancellor's designee
deems appropriate.
Refusal or failure to abide by the terms of probation shall result in
suspension from enrollment or from employment for any unexpired balance of the
prescribed period of probation.
(3) For second or other subsequent offenses involving the illegal possession
of controlled substances, progressively more severe penalties shall be imposed,
including expulsion of students and discharge of faculty members,
administrators, or other employees.
c. Possession
and Use of Alcohol
(1) For offenses involving the illegal possession, use, sale, and/or
distribution of alcohol in violation of NC General Statutes 18B‑300 &
12B‑301 & 302; 18B‑1006(a); or Greenville Ordinance No. 812‑1‑2,
a student will be subjected to a progressive penalty system based on the type
of infraction and the circumstances involved.
Penalties may be warning, probation, fine, volunteer community service,
and/or removal from the residence system or the university.
(2) In certain circumstances, involvement in
an alcohol education and/or counseling program may be offered to a student in
lieu of being referred to the Honor Board with a recommendation for
suspension. Specifically, a student
given this option will be required to participate in a program of assessment,
education, and counseling; pay a fee of sixty dollars, and be placed on
university probation. A student may
participate in this program only once in lieu of disciplinary action.
(3) University employees subject to the State Personnel Act may be
disciplined in accordance with the rules and regulations for personal
misconduct, i.e., final written warning, which may include a three day
suspension without pay, or dismissal.
When a student, faculty member, administrator, or
other employee has been charged by the university with a violation of policies
concerning illegal drugs or alcohol, he or she may be suspended from enrollment
or employment before initiation or completion of regular disciplinary
proceedings if, assuming the truth of the charges, the chancellor or, in the
chancellor's absence, the chancellor's designee concludes that the person's
continued presence within the university community would constitute a clear and
immediate danger to the health or welfare of other members of the university
community, provided, that if such a suspension is imposed, an appropriate
hearing of the charges against the suspended person shall be held as promptly
as possible thereafter.
In the case of employees, anyone convicted of a
criminal drug statute violation occurring in the work place shall notify the
university no later than five days after such a conviction. The university will commence disciplinary
action against such an individual within thirty days of notice of the
conviction.
4. Responsibilities
Under This Policy
Authority to implement the policy shall reside in
the chancellor. The chancellor shall
designate a coordinator of drug and alcohol education who shall, acting under
the authority of the chancellor, be responsible for overseeing all actions and
programs relating to this policy. All
employees and students shall be responsible for abiding by the provisions of
this policy. In the case of employees,
adherence with the provisions of the policy shall be a condition of employment. The chancellor will render an annual report
to the board of trustees on the effectiveness of this policy.
5. Dissemination
of This Policy
A copy of this policy shall be given annually to
each employee and to all new employees at the beginning of their
employment. Each student shall receive a
copy and new students shall be given a copy during orientation. The policy shall be printed in appropriate
student documents and posted on official bulletin boards of the university.
(Approved: 5 October 1990, East Carolina University
Board of Trustees)
B. Weapons
Policy
The possession and/or use of a weapon on any
university owned or controlled property is incompatible with the academic
mission and programs of the university. In addition, any threat to commit
bodily harm, either by the use of a weapon or physical force is also
inappropriate in an academic community. All university constituents, including
students, faculty, staff, and visitors should respect the institutional mission
and help to insure that a safe and secure environment, which is conducive to
learning, is present at all times. Therefore, each constituent should respect
and obey the following rules and regulations pertaining to weapons on
university property. This policy does not apply to an individual’s legal right
to possess or own a weapon off campus. Any member of the university community
who violates North Carolina General Statute 14-269.2 pertaining to weapons on
campus is subject both to prosecution and punishment in accordance with state
criminal law and criminal procedures and to disciplinary proceedings by the
university.
G.S. 14-269.2 makes it unlawful and in some
circumstances, felonious conduct "for any person to possess or carry,
whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind,
or any dynamite cartridge, bomb, grenade, mine or powerful explosive on
educational property." The statute makes it a misdemeanor "for any
person to possess or carry, whether openly or concealed, any BB gun, air rifle,
air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade
knife, blackjack, metallic knuckles, razors and razor blades (except solely for
personal shaving), and any sharp pointed or edged instrument except
instructional supplies, unaltered nail files, and clips and tools used solely
for the preparation of food, instruction, and maintenance, on educational
property.
The statute does not apply to:
1. A weapon used solely for educational or school-sanctioned
ceremonial purposes, or used in a school-approved program conducted under the
supervision of an adult whose supervision has been approved by the school
authority; and
2. Armed forces personnel, officers and soldiers of the militia and
national guard, law enforcement personnel, and any private police employed by
an educational institution. when acting in the discharge of the official
duties.
The Director of Public Safety is responsible for
authorizing weapons on campus which meets either of these two criteria.
It is not "double jeopardy" for both the
criminal law enforcement authorities and the university to proceed against and
punish a person for the same specified conduct. The university will initiate
its own disciplinary proceedings against a student, faculty member,
administrator, or other employee when the alleged conduct is deemed to affect
the interest of the university. A resident student should also understand that
he/she may be removed from his/her residence hall for violating the housing
contract regulation pertaining to the possession or use of a weapon in the residence
halls. See ECU Housing and Dining Agreement.
Penalties will be imposed by the university in
accordance with procedural safeguards applicable to disciplinary actions
against students, faculty members, administrators, and other employees. These safeguards
are found in the East Carolina University
Faculty Manual, the Board of Governors' policies applicable to employees
exempt from the State Personnel Act, the policies and procedures of the East
Carolina University Student Judicial System, and by the regulations of the
State Personnel System. The penalties to
be imposed by the university may range from written warnings to expulsions from
enrollment and discharges from employment. All mitigating and aggravating
circumstances associated with an incident involving weapons, including
threatening to use a weapon, will be taken into account when considering an
appropriate penalty. However, the following penalties shall be established for
the particular offenses described.
1. Persons who possess or use a gun, rifle, pistol, or other firearm
of any kind, or powerful explosive will be suspended for a period of not less
than one year (student), or discharged (faculty member, administrator, or other
employee). For a second offense, the student will be expelled.
2. Persons who possess or use a BB gun, air rifle, air pistol, bowie
knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack,
metallic knuckles, razors and razor blades (except solely for personal
shaving), and any sharp pointed or edged instrument except instructional
supplies, unaltered nail files and clips and tools used solely for the
preparation of food, instruction, and maintenance will be suspended from
enrollment for a minimum period of at least one semester or its equivalent (student),
or discharged (faculty member, administrator, or other employee). For a second
offense, any student will be expelled.
In certain instances, established penalties may be
reduced due to mitigating circumstances e.g. the weapon has not been removed
from a motor vehicle and if it has not been brandished, exhibited or displayed
in any careless, angry or reckless manner. The established penalty however, may
not be reduced if the violation involves use of a weapon in a manner where
bodily harm or injury occurs or where the weapon was involved in another
violation of university regulations. In cases where the penalty is reduced, the
person should expect some penalty which may include probation, counseling,
community service, or loss of certain privileges. A subsequent violation of
this policy will result in a progressively more severe penalty which includes
suspension or expulsion of students and discharge of a faculty member,
administrator or other employee.
(Approved: 6 July 1995,
C. Serious Illness and Disability Leave for
Faculty
The purpose of this policy
is to provide permanent faculty who do not currently earn sick leave with paid
leave for cases of a serious health condition, maternity leave, or parental
leave as defined under the Family and Medical Leave Act (FMLA). The purpose of this policy is also to
coordinate leaves granted under federal and state acts such as the FMLA [29
U.S.C. § 2601, et seq.], the North Carolina Family Illness Act (NCFIA) [SB1115,
Section 28.3B], and the UNC Policy on Serious Illness and Disability Leave for
Faculty [UNC Policy 300.2.11(G)]. All
three policies cover the same serious health conditions, maternity leave or
parental leave. This policy supplements
the FMLA and NCFIA to provide for a period of paid leave rather than such leave
being unpaid.
This policy does not apply
to brief absences of 14 calendar days or less that are usually accommodated
informally. This policy is intended to apply to short-term and intermediate-term
disability of up to one year. Exceptional cases may be considered by the
University.
All eligible
Granting
or denial of a request for a leave under this policy shall be made without
regard to the faculty member's race, color, national origin, religion, gender,
age, sexual orientation, political affiliation, disability, or personal malice.
I. Definitions
For
purposes of this policy a brief absence is defined as fourteen (14) calendar
days or less.
The
following definitions are applicable to the Family and Medical Leave Act
(FMLA), the North Carolina Family Illness Act (NCFIA) and ECU's Policy on
Serious Illness and Disability Leave for faculty:
A serious health condition is defined as (a) an illness, injury,
impairment, or physical or mental condition that involves either inpatient care
in a hospital, hospice, or residential medical care facility, or that involves
continuing treatment by a health care provider; (b) any period of incapacity
requiring an absence from work of more than fourteen calendar days that also
involves continuing treatment by a health care provider; or (c) continuing
treatment by a health care provider for conditions so serious that, if not
treated, would likely result in an absence of more than ten workdays. Prenatal
care is also included. The period of
actual physical disability associated with childbirth is considered a serious
health condition and must be taken as family/medical leave, whether as paid or
unpaid leave.
Immediate
Family - spouse, parents, children (including step relationships), or other
legal dependents who require the faculty member's care.
Parent
- a biological or adoptive parent or an individual who stood in loco
parentis (a person who is in the position or place of a parent) to an
employee when the employee was a child.
Child
- a son or daughter who is under 18 years of age or is 18 years of age or older
and incapable of self-care because of a mental or physical disability. Child
would include: (a) biological, (b) adopted, (c) foster, (d) step-child, (e)
legal ward, and (f) child of an employee standing in loco parentis as
defined above.
Immediate Supervisor -
Normally, the immediate supervisor is the individual who is the head of the
code unit. However, in code units that describe department structures, the
immediate supervisor is the department head/chair.
FMLA
provides for a period of up to 12 weeks of unpaid leave for a serious health
condition, maternity leave, or parental leave.
NCFIA provides for up to 52 weeks of unpaid leave in a five-year period
in cases of serious illness of a child, spouse, or parent.
Applicable
vice chancellor - The applicable vice chancellor is the Provost/Vice Chancellor
for Academic Affairs or the Vice Chancellor for Health Sciences, whoever is
appropriate for the particular faculty member.
Start
Date - The period of paid leave under this policy begins with the first day of
the absence from University contractual duties resulting from such illness or
disability. If a leave begins as a brief illness, then
results in a more serious condition that warrants use of the Serious Illness
Leave policy, the period of paid leave under this policy will revert back to
the first day of absence.
II.
Eligibility
This
policy applies to persons holding regular full-time faculty appointments who
are eligible for participation in either the North Carolina Teachers and State
Employees Retirement System or the Optional Retirement Program, and who are not
eligible to earn sick leave under any other state or institutional leave
policy. If a faculty member has been in a previous leave-earning position and
has an accumulated sick leave balance, the faculty member must exhaust any
previous sick leave balance prior to requesting coverage under this policy. Part-time
permanent faculty holding appointments of at least 75% are also covered under
this policy.
III.
Benefit
(A) In all cases, leave granted under this policy
shall be in increments that are appropriate to the facts and circumstances
surrounding the illness or disability, the academic calendar, the needs of the
unit, and the responsibilities of the faculty member. Leave taken under this
Serious Illness policy shall run concurrently with FMLA leave and/or with the
statutory provisions of the North Carolina Family Illness Act. Any leave under this policy will count as
part of the 52 week allowable total under the NCFIA and/or as part of the 12
week allowable total under the FMLA.
(B) A faculty member who has a medically
verifiable illness or disability, with proper medical documentation, as defined
under FMLA, or whose immediate family member has a medically documented,
verifiable illness, may elect to request a paid leave of absence for up to 15
calendar weeks in accordance with Section V.
Such a request must be reviewed by the immediate supervisor and the dean
with notification of the action taken submitted to the appropriate vice
chancellor and the Office of Human Resources.
(C) If the illness or disability requires an
absence from faculty duties in excess of the 15 calendar weeks, the faculty
member may elect to petition for an extension of paid leave (see (E) below) or
for a leave of absence without pay under procedures described in the
(D) The faculty member should consult with the
Office of Human Resources regarding existing benefits through the Disability
Income Plan or through other disability programs that may be offered to
University employees on an optional basis.
(E) A faculty member who provides the appropriate
additional medical documentation and whose illness or disability, or that of
the family member, extends beyond the 15 weeks provided for under this Policy,
may elect to submit a written request to the immediate supervisor for an
extension of leave with pay up to a maximum of one year (determined by counting
forward 12 months from the date the leave begins) at the discretion of the
University. More than one serious illness or disability leave may be granted in
a 12-month period, but the total maximum allowable paid leave for all such
serious illnesses may not exceed one year in length. Such requests must be reviewed by the
appropriate dean, vice chancellor, and the Associate Vice Chancellor for Human
Resources. Additional leave with pay in excess of the limits may be granted in
exceptional cases at the discretion of the university.
(F) Additional leave requires leave of absence
without pay.
(G) The immediate supervisor may require such
medical documentation or certifications, second or third medical opinions (at
the university's expense) or other documentation of the need for leave,
probable length of absence from normal duties, ability to return to work, or
intent to return to work as it may deem necessary.
(H) When the request is to care for a member of
the faculty member's immediate family, the University will also require
satisfactory evidence that the faculty member will exercise primary
responsibility for the care of those who would qualify the faculty member for
leave under this policy.
(I) Leave offered under this policy is not
allowable as terminal leave payment when the faculty member leaves the
employment of the University. Unused leave shall not accumulate nor be carried
forward from one academic year or calendar year to the next. It may not be used to extend years of
creditable state service for retirement benefits. However, it may be exhausted
prior to participation in the Disability Income Plan of North Carolina that is
provided to eligible state employees.
(J) It is the intent of this Policy that faculty
members receive the benefits defined herein during the period(s) in which they
have a contractual commitment to the University.
IV.
Use of Leave
The
period of leave provided under this policy may be used for medically verifiable
sickness or injury as defined under the FMLA.
Use of such leave includes the birth of a child and to care for the
newborn child after birth or for temporary disability connected with
childbearing and recovery, which prevents the faculty member from performing
usual duties. Leave also may be used for the placement of or to care for a
child placed with the employee for adoption or foster care, and/or for a
serious health condition of the employee that prevents the employee from
performing the essential functions of his/her job. In accordance with ECU's policy on leave
granted under the Family and Medical Leave Act, a faculty member may seek leave
needed as a consequence of a medically verifiable illness/disability of a
member of the immediate family, as defined in
A
faculty member who anticipates the need for a temporary leave shall notify his
or her immediate supervisor in writing as soon as possible.
If
the faculty member's request is for the purpose of caring for an immediate
family member, the immediate supervisor may request medical verification of the
illness or disability of that person and may also inquire about the
circumstances which make it impossible or difficult for the faculty member to
carry on with normal duties.
When
the request is for the care of the faculty member’s family member or dependent,
the immediate supervisor may base the recommendation on other factors,
including the needs of the unit, timing within the academic year, effect on
students, ability of the unit to compensate for the absence, etc.
Female
faculty shall not be penalized because they require time away from work caused
by or contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery. Disabilities resulting from pregnancy shall be treated the same as
any other temporary disability. The type and nature of the faculty member’s
duties during pregnancy shall be determined by the faculty member's immediate
supervisor in consultation with the faculty member and upon advice she receives
from her physician.
V.
Administration of Benefit
It
is the responsibility of the faculty member to request the use of leave
provided by this policy as soon as possible upon learning of the need for the
leave. This request will be made to the faculty member's immediate
supervisor. The request for leave shall
include an estimate of the amount of time the faculty member is expected to be
on leave. The faculty member will notify
his or her immediate supervisor if the estimate materially changes.
Such
requests must be in writing, but there may be instances where the employee is
unable to make the request by completing the necessary forms at the Office of
Human Resources web site or via a letter.
All conditions covered by this serious illness and disability leave
policy cannot be anticipated. The policy
provided herein is expected to be appropriate in most situations. However, in unusual cases, the faculty member
or other responsible party may be unable to provide the necessary
notification. In those rare instances
where the employee or a member of the employee's family is unable to make the
necessary request, it is the responsibility of the immediate supervisor to
consult with a Human Resources benefits counselor for direction.
The
immediate supervisor will review the request and forward the documentation to
the dean. The dean is responsible for reviewing the documentation and
consulting with the Office of Human Resources. The dean will provide written
notification of the decision to the immediate supervisor, who will then advise
the faculty member. The dean will provide a copy of the notice to the
appropriate vice chancellor and to the Office of Human Resources. If leave is
denied, the written notification will include the grounds for denial.
In
the case of a request for leave beyond the initial 15 week period, the request
must also be reviewed by the appropriate vice chancellor and the Associate Vice
Chancellor for Human Resources. The
person responsible for notifying the faculty member is the Associate Vice
Chancellor for Human Resources. If leave
is denied, the written notification will include the grounds for denial.
The
immediate supervisor is responsible for securing, to the extent possible,
substitute personnel for the duration of the faculty member’s leave. Any adjustments in work schedules within the
unit are at the discretion of the immediate supervisor with the approval of the
dean and are subject to departmental and institutional needs and
resources. In recommending approval of a
leave, the immediate supervisor will develop a written plan to cover the
responsibilities of the faculty member for the duration of the leave. Funding of substitute personnel is the
responsibility of the appropriate vice chancellor.
Nothing
in this policy shall prohibit other faculty members from “covering” for the
faculty member on leave but only so long as the faculty member on leave
complies with this leave policy.
VI.
Appeals
A
decision not to grant a request for leave under this policy may be appealed to
the appropriate vice chancellor. The
vice chancellor's decision may be appealed to the chancellor. Appeals of a negative decision must be made
by the faculty member to the next higher level within ten (10) business days of
receipt of the negative decision. The vice chancellor and chancellor must
respond to an appeal within ten (10) business days of receipt of the appeal.
VII.
Confidentiality
Communications
concerning leave requested or granted under this policy are subject to the same
confidentiality requirements as other personnel records in accordance with
VIII. Record-Keeping
Because
this policy provides an important financial benefit, accurate records on all requests
for leave, whether or not the request is granted, must be maintained. The immediate supervisor shall be responsible
for forwarding all records pertaining to the use of this policy to the Office
of Human Resources. The Office of Human
Resources will maintain the official records concerning requests for leave
under this Policy, and may, from time to time, be required to make general
reports on its use to other University administrators and to the
IX.
Coordination with Other Policies
ECU's
A
permanently tenured faculty member granted leave under this policy may have his
or her five-year cumulative review delayed by a period agreed upon by the
faculty member, the faculty member's immediate supervisor, the dean, and the
appropriate vice chancellor.
The
terms of this policy pertain only to a leave for a specified period because of
illness or disability. This policy has no effect on provisions for other types
of leave as described in the
The
leave provided for under this policy shall have no effect on the faculty
member’s other employment benefits.
X. Effective
Date
This policy shall become effective immediately upon
approval by the Board of Trustees of
(Approved: May 6, 2005,
[1]State personnel policy provides
that employees subject to the State Personnel Act may not be suspended from
employment for punitive reasons for more than three days. Whenever this policy mandates “suspension” of
an employee subject to the State Personnel Act as a minimum penalty, that
employee must instead be terminated in accordance with the state personnel
policy.